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Russia’s Violation of Article 24 of the UN Charter

Source: http://www.robertamsterdam.com/2008/08/russias_violation_of_article_2.htm
Posted on Friday, August 22nd, 2008 | In Russia
Contributed by: Robert Amsterdam (http://www.robertamsterdam.com/) -

From EurasiaNet:

RFE/RL correspondent Heather Maher put this question to Anne-Marie Slaughter, the dean of the Woodrow Wilson School of Public and International Affairs at Princeton University, the former president of the American Society of International Law, and a member of the National War Powers Commission.

RFE/RL: You’ve read the reports of what’s happening in Georgia at the hands of the Russian military. Is this a violation of international law?

Anne-Marie Slaughter: It depends on how you see what [the Russian military] is doing. To the extent that it has moved beyond South Ossetia and Abkhazia into Georgia proper, and that it is staying there — if the reports of its attacks on parts of Georgia that have nothing to do with those enclaves are true — then at some point this crosses into simple aggression against another country, which is a violation of the UN Charter. It is using force against the political independence and territorial integrity of another state.

So there’s going to be a huge debate about at what point does it cross that line, because to the extent it was responding to a first use of force in an area where it had peacekeepers, then that looks more like self-defense or protection of nationals, or even defense of an internationally agreed force. And that certainly, is arguably legal — the initial response is arguably legal.

But the further we move from the Georgian use of force and the Russian response to Russia “teaching Georgia a lesson” — which is what this certainly looks like — that is aggression. That is the illegal use of force against the territorial sovereignty and political independence of another state, and that’s a violation of Article 24 of the UN Charter.

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About Robert Amsterdam (http://www.robertamsterdam.com/)
Robert Amsterdam is a lawyer and an advocate for rule of law. His blog was created to express views which may stimulate debate and discussion on topics of international interest. Robert believes that we live in a world of unchallenged impunity, and he views his blog as merely a small attempt to shine a light on issues he views as important in countries with which he is engaged. He make no apologies or pretense of objectivity - he is merely stating his opinions.

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